STF starts judging guarantees judge with justification of Fux on suspension for 3 years

The Federal Supreme Court (STF) began this Wednesday (14) the trial on the constitutionality of the guarantee judge. The mechanism guarantees that the magistrate responsible for the sentence will not be the same one that analyzes precautionary measures during the criminal process. The session was dedicated only to reading the report on the history of the process, and the ministers did not vote on the issue.

In this Thursday’s session (15), the Court will hear the arguments of the parties involved in the case. This afternoon, Minister Luiz Fux, rapporteur of the case, presented justifications for having provisionally suspended the application of the mechanism. The individual decision was handed down on January 23, 2020, the date expected to come into force in accordance with the anti-crime package approved by the National Congress.

“I have a moral duty to justify why I decided the way I did and why I waited for time to mature for us to decide the same question”, said the minister. In March of this year, given the delay in analyzing the case, members of the Court even publicly demanded a final judgment on the matter, reported Agência Brasil.

Fux also said that the suspension occurred during the recess period in the Judiciary and due to the difficulties of immediate implementation of the guarantees judge. “The law would go into effect on January 23. The very delicacy of creating this new figure in the Brazilian judicial system led me to grant an injunction,” he said.